Federal Defenders of New York Second Circuit Blog

Yuanchung Lee

District Courts Cannot Reject Guidelines’ 100:1 Disparity Between Powder and Crack Cocaine even under the “Advisory” Guidelines Regime

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United States v. Castillo, Docket No. 05-3454-cr (2d Cir. Aug. 16, 2006) (Katzmann, Sack, Murtha): To those who had hoped that our fair Circuit would have more sense than the First, Fourth, and Seventh Circuits, … think again. In Castillo, the Second Circuit follows those Circuits in vacating and holding unreasonable a sentence based solely … Read more

Hobbs Act Conviction Based on Extortion of Intangible Property Rights Unaffected by Scheidler v. NOW, 537 U.S. 393 (2003)

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United States v. Peter Gotti et al., Docket Nos. 04-2746-cr (L) (2d Cir. July 12, 2006) (Katzmann, Feinberg, Lynch (D.J.)): In this 94-page opinion affirming the convictions of numerous members of the Gambino crime family, the Circuit principally holds that the Supreme Court’s decision in Scheidler v. National Org. for Women, Inc., 537 U.S. 393 … Read more

BOP Erred in Categorically Limiting Halfway House Confinement to Maximum of (the Greater of) 6 Months or 10 % of Sentence

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Levine v. Apker, Docket No. 05-2590-pr (2d Cir. July 10, 2006) (Calabresi, Raggi, Murtha (by desig’n)): This is a great victory for the defense. The Court, by Judge Calabresi and with Judge Raggi dissenting, holds that the BOP exceeded its statutory authority when it promulgated a February 2005 rule categorically limiting the amount of time … Read more

Get Out If You See Dime Bags Lyin’ Around

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United States v. Jerrell Heath, Docket No. 04-4599-cr (2d Cir. July 10, 2006) (Calabresi, Cabranes, Hall (by desig’n)): The majority opinion by Judge Calabresi has the unusual vice of being both legally suspect and factually wrong. In a case where the Circuit role-plays as the Supreme Court – Judge Cabranes joins only in Part II … Read more

No Need to Interrupt Your Barbecue

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United States v. Jones, Docket No. 03-1626 (2d Cir. June 30, 2006) (Kearse, Miner, Hall): This fact-intensive opinion upholds Jones’s convictions (for RICO, RICO conspiracy, VICAR conspiracy, and drug conspiracy) against his sufficiency, multiplicity, retroactive misjoinder, and IAC challenges. No new law is made, and even a quick reading of this sad saga is enough … Read more

When Police Stop Vehicle Based on Reasonable Mistake of Fact, They May Briefly Approach Driver to Explain the Error Before Allowing Vehicle to Depart

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United States v. Jenkins, Docket No. 05-2679-cr (L) (2d Cir. June 23, 2006) (Meskill, Cabranes, Wesley): This case was litigated by attorneys from this Office, so this Blog will stick mostly to description. The Court holds that when police stop a vehicle based on a reasonable but mistaken belief that a law has been violated, … Read more

Prior Convictions Triggering Career Offender Treatment Need Not Be Charged in Indictment, So Long as Sentence Does Not Exceed Legislative Maximum

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United States v. Ramirez, Docket No. 05-4575-cr (2d Cir. June 23, 2006) (Meskill, Cabranes, Wesley) (per curiam): The title basically says it all. In this very short opinion, the Circuit confirms that Booker does not alter the long-standing rule that “the filing of a prior felony information under [21 U.S.C.] § 851(a)(1) ‘is required only … Read more

Questions Concerning State of the Law in 2001 on Depraved Indifference Murder Certified to N.Y. Court of Appeals

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Policano v. Herbert, Docket No. 04-5518-pr (2d Cir. June 21, 2006) (Pooler, Sack, Garaufis (by desig’n) (per curiam)): In the original panel opinion (issued November 2005), Policano v. Herbert, 430 F.3d 82 (2d Cir. 2005) (click here for our discussion), Judge Sack granted the habeas writ to Policano after concluding that the evidence at trial … Read more